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PARRIS N. GLENDENING, Governor
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Ch. 8
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(3) THE RECORD MUST CONTAIN THE INFORMATION FORMATTED IN
THE MANNER SPECIFIED IN THE OTHER LAW.
(C) IF A SENDER INHIBITS THE ABILITY OF A RECIPIENT TO STORE OR PRINT
AN ELECTRONIC RECORD, THE ELECTRONIC RECORD IS NOT ENFORCEABLE AGAINST
THE RECIPIENT.
(D) THE REQUIREMENTS OF THIS SECTION MAY NOT BE VARIED BY
AGREEMENT, BUT:
(1) TO THE EXTENT A LAW OTHER THAN THIS TITLE REQUIRES
INFORMATION TO BE PROVIDED, SENT, OR DELIVERED IN WRITING BUT PERMITS
THAT REQUIREMENT TO BE VARIED BY AGREEMENT, THE REQUIREMENT UNDER
SUBSECTION (A) OF THIS SECTION THAT THE INFORMATION BE IN THE FORM OF AN
ELECTRONIC RECORD CAPABLE OF RETENTION MAY ALSO BE VARIED BY
AGREEMENT; AND
(2) A REQUIREMENT UNDER A LAW OTHER THAN THIS TITLE TO SEND,
COMMUNICATE, OR TRANSMIT A RECORD BY REGISTERED OR CERTIFIED MAIL,
POSTAGE PREPAID, OR BY REGULAR MAIL, MAY BE VARIED BY AGREEMENT TO THE
EXTENT PERMITTED BY THE OTHER LAW.
21-108. ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC
SIGNATURE.
(A) (1) AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE IS
ATTRIBUTABLE TO A PERSON IF IT WAS THE ACT OF THE PERSON.
(2) THE ACT OF THE PERSON MAY BE SHOWN IN ANY MANNER,
INCLUDING A SHOWING OF THE EFFICACY OF ANY SECURITY PROCEDURE APPLIED
TO DETERMINE THE PERSON TO WHICH THE ELECTRONIC RECORD OR ELECTRONIC
SIGNATURE WAS ATTRIBUTABLE.
(B) THE EFFECT OF AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE
ATTRIBUTED TO A PERSON UNDER SUBSECTION (A) OF THIS SECTION IS
DETERMINED FROM THE CONTEXT AND SURROUNDING CIRCUMSTANCES AT THE
TIME OF ITS CREATION, EXECUTION, OR ADOPTION, INCLUDING THE PARTIES'
AGREEMENT, IF ANY, AND OTHERWISE AS PROVIDED BY LAW.
21-109. EFFECT OF CHANGE OR ERROR
IF A CHANGE OR ERROR IN AN ELECTRONIC RECORD OCCURS IN A
TRANSMISSION BETWEEN PARTIES TO A TRANSACTION, THE FOLLOWING RULES
APPLY:
(1) IF THE PARTIES HAVE AGREED TO USE A SECURITY PROCEDURE TO
DETECT CHANGES OR ERRORS AND ONE PARTY HAS CONFORMED TO THE
PROCEDURE, BUT THE OTHER PARTY HAS NOT, AND THE NONCONFORMING PARTY
WOULD HAVE DETECTED THE CHANGE OR ERROR HAD THAT PARTY ALSO
CONFORMED, THE CONFORMING PARTY MAY AVOID THE EFFECT OF THE CHANGED
OR ERRONEOUS ELECTRONIC RECORD;
(2) IN AN AUTOMATED TRANSACTION INVOLVING AN INDIVIDUAL, THE
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- 49 -
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